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20 October 2016 / Ian Smith
Issue: 7719 / Categories: Features , Employment
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Employment law brief: 20 October 2016

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Ian Smith rounds up the latest employment news
  • Old principles of fair treatment of staff in employment law abut on to the modern laws on child protection.
  • When can you establish an oral express term in a contract of employment, when there is no supporting documentary evidence?
  • Who is a “client” in a TUPE case?
  • When is a union liable for the acts of its elected official?

At a time when the Independent Inquiry into Child Sex Abuse is sinking into major problems of staffing, scope and timing, it is perhaps appropriate that the first case this month concerns the serious difficulties encountered when old principles of fair treatment of staff in employment law abut on to the modern laws on child protection. It split the Court of Appeal fundamentally, with the doyen of employment law, Elias LJ, being contradicted by a noted family law judge, and the third lord justice siding with the latter in no uncertain terms. This circle is proving to be particularly hard to square.

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Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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